General Terms and Conditions for the use of the web shop and the purchase of e-tickets

1. General information

1.1 Scope of application

These General Terms and Conditions apply to all orders placed at Matterhorn Gotthard Bahn, a company These General Terms and Conditions (hereinafter referred to as “GTC”) shall be applicable in the version that is the latest at the time of conclusion of the contract for all orders to the public limited company Matterhorn Gotthard Bahn based in Brig (hereinafter referred to as “MGBahn”) through its websites www.matterhorngotthardbahn.ch, www.gornergratbahn.ch and www.glacierexpress.ch (hereinafter referred to as “website”) and for you as customer (hereinafter referred to as “customer”). They shall form an integral and supplementary part for all bookings that are made through the website.

It is possible that functionalities / services specifically handled below are not offered on all websites of MGBahn. The relevant regulations shall then naturally be applicable only for the websites with the functionalities / services concerned.

Through the use of the website, the customer shall acknowledge the validity of these GTC.

1.2 Mechanism of concluding the contract

The presentation of the products or offers on the website shall not be a legally binding offer, but an invitation to the customer to place an order that shall be binding for him/her (offer for contract conclusion).

A binding order shall be triggered only if the customer has entered all the data that is required for the contract execution, confirmed acknowledgement of the GTC and clicked the “Buy now” button. Until this button is clicked, the customer can first add services non-bindingly to the shopping cart and change the data entered by him/her at any time using the correction helps provided and explained in the ordering process.

The customer shall remain bound to his/her order for 7 days.

Immediately after receiving the order, MGBahn shall confirm the receipt of the order by e-mail. A contract shall still not come into existence through the confirmation of receipt. The confirmation of receipt shall only document that the booking has been received by MGBahn. A contract shall come into existence only when MGBahn declares acceptance of the contract. This shall take place with an order confirmation or dispatch confirmation or at the latest through delivery of the product.

1.3 Scope of service, service provision, liability

The services, which can be booked through the website, shall be defined in the corresponding offer descriptions. MGBahn shall reserve the right to modify the services and service descriptions at any time and without prior notice. Corresponding modifications shall not concern services that have already been booked (however, compare below regarding service modifications).

MGBahn shall be authorised to modify the agreed service or offer a replacement in case of compelling reasons. Compelling reasons shall be, for instance, temporary operational interruptions due to construction or maintenance work.

If the contract fulfilment is made impossible or affected through force majeure, MGBahn shall be authorised to withdraw from the contract – under reimbursement of the non-purchased services. The customer shall not be entitled to compensation. Force majeure shall be applicable, for instance, in the event of shut-downs or if the service provision is made impossible by weather influences or danger of avalanches.

MGBahn shall be liable to the customer for proper service provision. The liability shall be ruled out if the non-fulfilment or incorrect fulfilment is to be attributed to failures or behaviour of the customer or of a third party, who is not involved in the service provision, or to force majeure or events that are not foreseeable or avoidable. The liability for minor negligence shall be ruled out.

If MGBahn has a justified reason to assume that an event, for which material property of MGBahn is used, endangers the smooth business operations, the safety or the reputation of MGBahn, MGBahn shall be authorised to dissolve the service agreements any time without compensation.

The special regulations for third-party services as well as regulations regarding e-tickets shall remain reserved.

1.4 Data protection

MGBahn adheres to the data protection or telecommunications law when handling personal and customer data and also refers exclusively to no. 09 / Data protection of the «General passenger tariff T600» (hereinafter referred to as «T600») of the Swiss public transport enterprises. For methods, using which MGBahn collects and processes personal data, please refer to our Privacy Statement, which is an integral part of the GTC.

The buyer of an «electronic» ticket or discount card according to chapter 4 of the T600 must note that public transport enterprises or commissioned external companies in Switzerland as well as even in the region of the European Union, which are commissioned with the control of electronically issued tickets or discount cards and with the generation of distribution formulae, shall receive personal and customer data (anonymised data exchange).

1.5 Liability for the use of the web shop and the website

All details published on the Internet (availability, prices, online calculations, reservations, etc.) shall be without guarantee. MGBahn shall not assume liability for misperformance of the Internet, damage through third parties, imported data of all kinds, particularly viruses, worms, Trojan horses, etc., as well as links from and to other websites. Error-free functioning of hardware and software cannot be guaranteed. MGBahn shall, under no circumstances, be liable for any direct, indirect, special or other consequential damage resulting from the use of the MGBahn websites or a website linked in them. Any liability for lost profit, operational interruption, loss of programmes or other data in information systems of customers shall also be ruled out. This shall also be applicable if MGBahn was explicitly pointed to the possibility of such damage.

1.6 Liability for third-party offers

A customer can order or book offers from third party providers on the website. For these offers, MGBahn shall act solely as a mediator with a collection mandate. The contracting party shall be the respectively obligated supplier or service provider. An example for this would be the booking of accommodation in Grand Hotel Zermatterhof. For the accommodation services, the hotel itself shall be responsible and the General Terms and Conditions of the hotel shall be applicable. Another example would be EUROPÄISCHE REISEVERSICHERUNGS AG, P O BOX, CH-4002 BASEL, as a provider of cancellation insurance, which can be booked through the website in case of train journeys. When booking, the customers shall be pointed to the respective service provider. It shall also be pointed out to them that the General Terms and Conditions of the service provider concerned shall be applicable for the services at all events.

The offers can, as individual components (hotel, mountain railway ticket, parking, equipment, etc.), be compiled into a complete holiday stay tailor-made for the individual needs of the customer. MGBahn shall not be liable for the composition of the shopping cart and for the coordination of the individual items among each other (temporal, local, etc.). Unless MGBahn itself is the service provider, it shall also not be liable for correct execution of the individual service or delivery. In this respect, the customer can refer only to the mediated contract with the direct provider (hotel, rental company, event organisers, etc.) and the Terms and Conditions applicable there. When booking, the customers shall be pointed to the respective service providers.

Finally, it must be noted that when purchasing souvenirs, the customers shall be guided to a website, which is operated by PANDINAVIA AG, MG-Bahnen Online Shop, Industriestrasse 30, CH-8302 Kloten. The contracting party in case of souvenir purchases shall be Pandinavia AG and its General Terms and Conditions shall be applicable for the purchases concerned.

2. Special regulations for e-tickets

2.1 Definition & preliminary remark

E-tickets shall be issued via the Internet and shall be printed on paper by the customers (hereinafter referred to as “OnlineTicket”).

For the Gornergrat railway, the printed OnlineTicket must then be converted into a Skidata ticket at the automatic machine.

For the transport of passengers with e-tickets, the tariffs of the Swiss public transport enterprises, particularly the T600, shall be applicable. These are available at the sales outlets occupied by staff as well as (www.voev.ch/T600). For ski passes and peak passes, the tariff and transport regulations of Zermatt Bergbahnen AG shall be applicable. The regulations shall be supplemented by the following explanations for regulation of the relationships between the holder of an e-ticket and MGBahn.

2.2 E-tickets in general

All e-tickets shall be personal and shall not be transferable or exchangeable. They shall be valid exclusively together with a valid official ID issued in the name of the passenger (e.g. passport, ID card, driving license) or/and together with the valid half-fare or general subscription issued to the corresponding person. In case of discounted tickets, the corresponding discount ID (e.g. half-fare subscription) must be produced in any case.

An e-ticket must be purchased for children, dogs and bicycles as well. These shall bear the name and date of birth of the person accompanied by the child/dog/bicycle. This person must identify himself/herself according to T600 no. 41.00.

All e-tickets shall be saved centrally in an electronic file and a copy shall be available (e.g. mobile telephone or print at home according to T600, no. 41.06).

The e-mail confirmation sent by MGBahn shall not be considered as a ticket. If you cannot produce a valid e-ticket to the checking staff, you must buy a ticket / make a seat reservation on the spot. In such a case, a surcharge shall be charged as a rule.

2.2.1 Online Tickets and online reservations

All OnlineTickets and online reservations must be printed in the 100% size (not scaled) on a white, previously blank, normal paper in the A4 format and in the portrait format with a resolution of at least 600dpi. The OT number (comprising 12 digits) on the upper right of the OnlineTicket must be fully legible. It must be possible to produce the OnlineTicket to the checking staff fully and in the A4 format. The advertisement in the lower third of the OnlineTicket may be cut off. OnlineTickets that are not properly legible shall be invalid for the journey. The passengers shall be considered as passengers without a valid ticket according to T600, chapter 6.2.2.2 Mobile tickets.

2.3 Notes for printing

What do I need on my PC for printing the travel documents?

On your PC, you shall need a programme to open PDF files. You PC shall either have this software installed by default or you can download this software for free. We recommend the original AcrobatReader from ADOBE.

Which printer do I need?

You shall need a printer that can print DIN-A4 paper black/white. You must print your ticket black/white and on a white paper in the portrait format. This is how you can ensure that your ticket can be checked quickly and easily.

2.4 Validity of the e-ticket

In case of all e-tickets, the date of travel shall be defined by the customer at the time of purchase on the Internet or using a mobile telephone. In case of tickets with validity for multiple days, the return journey must be executed on the day defined at the time of the booking.

The ticket medium (mainly mobile telephone and similar devices) must – if demanded – be handed over to the checking staff for the checking of the e-tickets and particularly the 3 display levels of the MobileTicket. The checking staff shall be authorised to operate the ticket medium for proper checking. The customers must possess the e-ticket before starting the journey (actual departure of the train). The purchase or ordering process must have been completed before the actual departure of the train and the e-ticket must be available in a printed form or on the application of the end device. The passenger must otherwise pay the surcharge according to T600.5, no. 30.00 (without ticket price). E-tickets of the normal tariff shall be issued in the 1st and 2nd class for single as well as to and fro journey.

The validity period for e-tickets of the normal tariff is defined as below:

Ticket

One-way journey, All distances

Return journey up to 115 km

Return journey of 116 km or more

OnlineTicket

1 day

1 day

One day each for the journey to and from the destination within 10 days

3. Payment terms

The offer of MGBahn shall be made in Swiss Francs (CHF). Price and product range changes shall be explicitly reserved.

3.1 Payment by credit card

In case of a payment by credit card (VISA, MasterCard, etc.), the credit card number must be entered along with the expiry date and the Card Verification Code (CVC). MGBahn shall not assume liability for misperformance of the Internet, damage through third parties, operational interruption, loss of the transmitted data, etc.

3.2 Vouchers

Vouchers shall be impersonal and freely transferable. Vouchers shall be accepted only at the conditions specified on the voucher. They can be redeemed multiple times until the balance is fully used. The voucher code or value must be entered in the course of the ordering process. The maximum value for a voucher shall be CHF 3,000.

If customers purchase vouchers from MGBahn for its offer, this offer must be used at the latest up to the printed expiry date of the vouchers. Vouchers shall not be paid out and can be neither exchanged nor refunded.

3.3 Delivery costs

Any delivery costs shall be charged separately and shall be shown as such in the shop.

3. Refund and cancellation

4.1 Refund

If the customer has booked a service, but does not appear on the agreed date or does not use a product or a service otherwise, he/she shall not be entitled to compensation or refund of the service.

E-tickets can however be refunded according to T600.9. A refund request can be sent to railcenter@mgbahn.ch.

4.1.1 Cancellation by the customer

For the cancellation of services for individual passengers, the conditions of the respective product shall be applicable. The services purchased via the website (tickets, reservations, menu, etc.) can be neither cancelled, exchanged nor refunded.

If the customer is prevented from departure due to an illness or an accident and if he/she can produce a valid medical certificate, the full costs shall be refunded to him/her.

4.1.2 Cancellation of services booked through MGBahn

For the cancellation of third-party services (hotel, event, holiday home, etc.), the terms of cancellation of these third-party providers shall be applicable. The conclusion of a cancellation insurance is recommended.

4.1.3 Cancellation by MGBahn

If the booked service is cancelled by Matterhorn Gotthard Bahn due to an event, which is not to be attributed to force majeure, the customer can choose between a comparable alternative (if available) or a refund. In case of force majeure, there shall be no obligation for compensation.

The customer shall not be entitled to a refund, a comparable alternative or compensation if the cancellation takes place because the group of persons, who have booked the package tour, does not attain the required minimum number of participants and the cancellation was informed to the customer in writing within the period specified on the website.

5. Final regulations

5.1 Entry into force

The GTC shall enter into force in December 2018.

5.2 Modification of the tariffs and the GTC.

MGBahn can modify these GTC any time without prior notice. The version at the time of the booking shall be decisive.

5.3 Applicable law and legal domicile

This contract shall be subject to the Swiss law, unless it is opposed to by mandatory legal regulations. Disputes from the contract shall be solely subject to the ordinary jurisdiction at the registered office of Matterhorn Gotthard Bahn in Brig, Switzerland. The applicability of the UN Convention on Contracts for the International Sale of Goods shall be explicitly ruled out. In case of ambiguities with foreign-language versions, this German version shall be deemed decisive.

Matterhorn Gotthard Bahn, Bahnhofplatz 7, CH-3900 Brig

Terms of cancellation for hotels

The cancellation of a reservation must take place in writing. If the booking was made online, the cancellation must take place through the same channel.

Cancellation charges for summer: From 2 days before arrival, 100% of the accommodation charges.

Cancellation charges for winter: From 14 days before arrival, 100% of the accommodation charges.

In case of reservations at early bird rates, the advance payments shall not be refundable in case of cancellations.